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The Division notified appropriate agencies of the PR-4 application. The Colorado Historical Society <br />was the only agency that responded to the notification. In a letter to the Division dated July 31, 2007, <br />the Colorado Historical Society found that since the permit revision will not incorporate new lands <br />into the permit area and will not involve any new ground disturbance, there would be no effect on <br />cultural resources. Snowcap Coal Company is the legal owner of the surface for all lands within the <br />Unit Train Loadout and portions of the Railroad Spur and Overland Conveyor, for which the proposed <br />postmine land use change is requested. In accordance with 2.05.5(2)(b), a Surface Landowner <br />Consent was signed on May 9, 2007 by Nelson L. Kidder Vice-President of Snowcap Coal Company <br />and was submitted for inclusion into the permit application package. SCC contacted the Mesa County <br />Department of Planning and Economic Development to obtain their comments on the plan proposed <br />with PR-4. Mesa County Department of Planning and Economic Development which is the local <br />government agency that would have to approve the use of the land following reclamation. <br />Subsequently, Halliburton submitted an application for a Mesa County Conditional Use Permit. In <br />December 2008, Mesa County approved a Conditional Use Permit for the Halliburton - Cameo Sand <br />Storage Facility. <br />Specific findings required by Rule 4.16.3, for approval of the alternative postmining land use at the <br />Unit Train Loadout are addressed below. <br />Pursuant to Rule 4.16.3(1), the Division finds that the proposed commercial postmining )and use <br />within the Unit Train Loadout and portions of the Rail Spur and Overland Conveyor disturbed area(s) <br />are compatible with adjacent land uses, and with existing local, State, or Federal land use policies and <br />plans. Various government agencies, including the Bureau of Land Management (which manages <br />federal lands in the permit area vicinity) and the Mesa County Department of Planning and Economic <br />Development (the local agency with land use planning authority) were provided notice of the <br />application, and no objections to the proposed land use change were received. The notice provided to <br />the Mesa County Department of Planning and Economic Development (Mesa County) specifically <br />requested that notification be provided to the Division if the proposed use is not compatible with <br />applicable Mesa County policies or plans, or if there were any necessary zoning or other changes that <br />would be required for implementation of the alternative land use. The loadout facility area is zoned as <br />"Agricultural Forestry Transitional (AFT)" by Mesa County, and the proposed industrial use is <br />consistent with the AFT zoning. In December 2008, Mesa County approved a Conditional Use Permit <br />for the Halliburton - Cameo Sand Storage Facility, under the AFT zoning. The Conditional Use <br />Permit is included in new appendix pages A15-2-20 through A15-2-27 of the amended permit <br />application. <br />Pursuant to Rule 4.16.3(2), the Division finds that additional specific plans or demonstrations are not <br />required to show the feasibility of the proposed alternative use. Industrial use of the property and <br />facilities by Halliburton since 2006, and approval of the Conditional Use Permit by Mesa County, is <br />sufficient to demonstrate the feasibility of the alternative use. <br />Pursuant to Rule 4.16.3(3), the Division finds that the proposed use will not present actual or <br />probable hazard to public health or safety nor will it pose actual or probable threat of water flow <br />diminution or pollution contrary to State or Federal laws, Rules or Regulations. <br />Permit Revision No. 4 45 February 3, 2009